Threat to Cause Death or Bodily Harm

The offence of uttering threats is listed under the "Assaults" section of the Criminal Code of Canada. It is a hybrid offence, which means that the legal risk (jeopardy) for uttering a death threat, or a threat to cause bodily harm, can vary greatly.

In R. v. Clemente [1994] 2 WWR 153, pages 8-9, the Court of Appeal of Manitoba explains that not all threats should attract the attention of criminal law, and its arsenal of punishments:

[N]ot all threats are truly threatening or intended to be so. Innocent words are sometimes misconstrued as a threat; words of annoyance are sometimes converted into a threat by the use of hyperbole; and words spoken as a promise of harm are often not intended as a promise meant to be kept or, if so intended, are quickly regretted without any harm being done.

The criminalization of all threatening words would undermine the freedom to speak one's mind without having to choose one's words too carefully. This may well be justified if the utterance of the words is intended to cause harm, but surely not otherwise.

If you have been accused of uttering a threat, you may believe that you were justified to do so in the "heat of the moment". Do not be complacent with your legal defence. Uttering threat is actually a very serious accusation and you should hire a lawyer or try to retain one through Legal Aid if you cannot afford one.

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